$1.5B Fine Overturned For Microsoft 134
ddrichardson writes "Following up on an earlier story, Microsoft's $1.5bn fine in the case with Alcatel-Lucent has been overturned. Microsoft are claiming a "victory for consumers". From the article: 'A US court has overturned a decision ordering Microsoft to pay phone firm Alcatel-Lucent $1.52bn (£777m) for infringing music patents. The federal judge in San Diego reversed a jury's decision which had ruled that Microsoft's Media Player software infringed on two Alcatel patents.'"
A good thing for the software industry (Score:5, Insightful)
It wouldn't take many cases like this to start a financial recession in the entire software industry and send venture capitalists scurrying away from any software startup.
Ho Hum (Score:5, Insightful)
Any time that a patent troll, anywhere, is defeated, its a victory for all, not just consumers. More judges need to rule that software patents of the obvious are unconstitutional (i think it was covered by the suffrage amendment) so that slashdot can return to reporting on google and the iphone instead of these patent stories.
I think this is probably a GOOD thing... (Score:5, Insightful)
Prolly good for us as well.
hmm. (Score:3, Insightful)
However, if this means I can still use my MP3 player then I guess its not all bad.
Re:A good thing for the software industry (Score:2, Insightful)
Keep on hating M$, while blind to the fact that most of the AP
Why is everyone so apologitic? (Score:4, Insightful)
Re:Why is everyone so apologitic? (Score:3, Insightful)
So emerged MS. As much as by "right place right time" as anything else. And soon this MS had their software on basically every single user's PC out there.
But alas, MS got caught with their pants down and did not have an OS that was ready for the internet/computer boom of the mid 90's. So there were issues. And resentment from geeks everywhere.
And that is the short version of why people make babies.
Good decision (Score:5, Insightful)
Re:Ho Hum (Score:4, Insightful)
It's a victory (Score:3, Insightful)
Not that we should expect MS to do otherwise. We fine them? They fine us.
Re:Good decision (Score:5, Insightful)
So it's not so cut and dried. There are plenty of things to be for or against in this case.
Making a habit of ignoring juries has far wider implications than just patent trolls.
No, Patents Suck Because of This. (Score:4, Insightful)
This case had ramifications WAY beyond any hassle for MS. Such a sizeable and far-reaching ruling over a couple of obscure patents would have sent a shockwave through the software industry--scaring the hell out of developers and encouraging the patent trolls even more.
This is really more of the same arbitrary justice that make software patents a bad idea in the first place. M$ can and does use the same threats anyway. Their prowess in court only strengthens their position as lord and master. Business method and software patents cover things that are not really inventions, so the results will always be arbitrary and manipulable. The court has decided to promote business rather than justice and such decisions have favored M$ more than once. On these grounds, M$ will violate the patents of other with impunity while threatening everyone else with ruinous legal costs.
What you have to understand is that M$ itself is a patent troll. Almost all of their software has come from predatory acquisitions but the market has dried up because people are no longer willing to risk their money in the business where M$ can crush them. You must have noticed that all of the innovative companies, Google, Wikipedia, Facebook and others are all using gnu/linux and avoiding the desktop in order to make money. M$ has built themselves a patent warchest to assail those businesses, and has been instrumental in setting up business method and other stupid patents. Others have taken advantage of the situation, but that does not make M$ any less culpable.
No additional certainty has been added to the market that can benefit anyone. The case is far from settled but it has already cost both companies boatloads of money. Only the largest companies could weather that kind of storm and this will keep investors and small companies out of the business.
Sure. (Score:3, Insightful)
More judges need to rule that software patents of the obvious are unconstitutional (i think it was covered by the suffrage amendment) so that slashdot can return to reporting on google and the iphone instead of these patent stories.
It would be a great thing to eliminate business method and software patents. Until that happens, the costs of them should be shouted from the rooftops. Cool gadgets are not hard to make, but the business is impossible because of crap like this. M$ is the bad guy because they lobbied, right along with the other incumbents, for these stupid patents in the first place.
its a shame that they aren't sticking it to microsoft
Yes, if software patents were actually a competitive disadvantage to GWB's little pet company, things might change.
Who to cheer for? (Score:3, Insightful)
It's not a case of "Microsoft VS Patent Troll," it's simply a case of "a large company VS patent troll." There's no need to stick it to MS in this case, as they're in the right and a victory for A-L would have a negative impact upon the rest of the industry. Personally I think that suing for improper/trollish/crap patents should leave one open to double-damage-countersuits. It might cost a lot to defend and rebut, but if you've got an obvious patent troll simply trying to hone in on some cash, making them bleed a bit of money and setting an example for the rest of their ilk might be a good investment (and if anyone can afford to spend cash on anti-troll lawyers, it's MS). As it stands, the way the current patent system is used/abused many of these cases are little more than vaguely veiled extortion, and should in the courts be treated as such.
Re:hmm. (Score:4, Insightful)
Moreover, what else are we supposed to think? As long as you get what you want, I'm OK with ____?
Self-interest is not only a fundamental feature of human nature, it's a perfectly rational way of approaching the world. If you don't like the fact that someone (in this case, not an American, as it turns out) is OK with this because his MP3 player will be protected, rather than complaining that he shouldn't want an MP3 player, maybe you should try to explain why he should want something else.
Bitching that someone wants something isn't helpful. Maybe if you explained why his MP3 player isn't worth the price that's being paid, it would be helpful. Most people are open to new information.
One must base one's opinions on something, and personal satisfaction is a good start. I fail to see why there's some moral imperative for me to be miserable, absent evidence that my personal satisfaction is harmful to someone else (or, even, my own longer-term satisfaction).
Re:A good thing for the software industry (Score:4, Insightful)
Actually, that's exactly what needs to happen in order for the Powers That Be(TM) to realize that the patent system is way broken. A few big companies paying through the nose to patent trolls will be the wake-up call to Congress. Then maybe, just maybe, method patents can be abolished.
Yes, It's bad for everyone. (Score:3, Insightful)
On that list are IBM, Linspire and Sun. The original decision was bad for everyone, though it obviously didn't knock you off your pedestal.
I fail to see how that makes software patents good for anyone or that there is any justice to their administration. It does make current advocates of software patents look foolish.